Nomination form has to be recorded in nomination register after decision of MC to take it on record
2) present MC can approve the nominations and place it in nomination register
Nomination for flat in a CHS
We had submitted a nomination form to the Society , duly filled in, signed, and witnessed . In fact one of the witness was an office bearer of the Society. The nominee is the only daughter of the deceased member with 100 % share and there are no other claims whatsoever. But the nomination was not registered by the Society and the forms are available in the Society's file. In fact there are similar cases in the Society's file. Whether the present Managing committee approve the nominations and proceed ahead ? It is not the fault of the member. What is your advise and way out ?
Asked 4 years ago in Property Law
Religion: Hindu
16 Answers
Do the gift deed of a flat to the major daughter attract stamp duty and if so how much and Registration charges , in Mumbai ?
Asked 4 years ago
It would be 2 per cent of market value of property
it attracts registration charges
If flat owner is deceased and have not registered nomination name, then Nominee can submit legal heirs or succession certificate.
1. if a nomination form is submitted to the society then the MC has to register the nominee
2. after death of the member, the share certificate attached to the flat will be transferred to the name of the nominee
3. if the nominee is the only legal heir of the deceased member, then she has to apply for Letters of Administration from the Court for being appointed as an administrator. The latter will then register a transfer deed in favour of the only legal heir daughter and thus she will get a proper title to the flat
4. if the member is alive and he intends to transfer his property by gift to his daughter then he can make a gift deed. The stamp duty is only Rs. 200 plus 200 registration fee
They need to file nomination and later transfer the flat if there are no other legal heirs objecting. Yes gift deed will attract stamp duty but it will be less to blood relation
- As per rule , A member of the society may by writing under his hand in the prescribed form, nominate a person or persons to who the whole or part of the shares and /or interest of the members in the capital/property of the society shall be transferred in the event of his/her death, and further no fees is charged for recording the first nomination.
- Further, every nomination made, shall be recorded in register of nomination within a period of 7 days from the date on which resolution to accept the nomination was recorded in minutes of managing committee.
- Further , as per Section 30 of the Maharashtra co-operative societies act, on the death of a member of society, the society shall transfer the share or interest of the deceased member to person or persons nominated in accordance with the rules and bylaws.
- Since, you have already submitted a nomination form to the society , and if it is taking more time , then you should lodge a complaint before the managing committee , and if no response then you can lodge your complaint before the Registrar.
- Further, if the Gift deed is given to a near relative like daughter , then there is rebate in the stamp duty is only Rs 200/- . however you can know from the registrar office as well.
Yes the gift deed will attract some payment of fee. But very nominal
Please issue legal notice to Society for the status of nominee and nomination from on their file.
No stamp duty, Only registration charges on Gift deed as per pecuniary status of the Gift.
Managing committed should approve the application and if have objection regarding witness, can ask to replace witness.
3% duty on gift deed.
The nominee is a mere trustee to receive the property on behalf of the legal heirs/successors in interest of the deceased owner.
Therefore just don't be worried about the nomination whether registered or not.
You first obtain legal heirship certificate and get the property mutated to your name in the revenue records.
This will prove your title to the property and not the nomination certificate.
A registered gift deed in favor of the blood relatives will not attract regular stamp duty in Mumbai.
The charges are Rs. 500 only.
Yes in order to execute the gift deed , stamp duty and registration fees has to be paid.
Regards
The nominee does not become the absolute owner of the property. she is only empowered to hold the property in trust for the real owners for the purpose of dealings with the societ, nominee required to submit Legal heir certificate
it attracts nominal registration charges
stamp duty is state subject varies from state to state.
1. Yes present managing committee can go ahead with approval of nomination and transfer of flat on name of nominee because it's fault of managing committee that they doesnt updated the nominations in records.
2. Stamp duty and registration charges differs from state to state and so you should contact local sub registrar office to get exact rates of gift deed.
Dear Sir,
The gift deed attract stamp duty in all the respects. The present office bearers may do the needful and grant the nomination as per the application and bye laws of the society.
